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Terms of Use Agreement | Privacy | Refund/Return Policy
Welcome to GearTrader.net
The music gear and music related auction web site.
Before you are allowed to become a member of GearTrader.net, you must read and agree to all of the terms and conditions in this
Terms of Use Agreement, GearTrader.net Protocol and Privacy Policy.
While using this Site, you agree not to:
• Post content or items inappropriate for this site.
• Post content or items in an inappropriate category or areas on the Site.
• Use the site if you are unable to form legally binding contracts, or under the age of 18.
• Fail to deliver payment for items purchased by you, unless the seller changed the item’s description or has falsely described the item and its valuable intricacies.
• Fail to deliver items purchased from you, unless you cannot authenticate the buyer's identity.
• Manipulate the price of any item or interfere with other user listing.
• Manipulate our fee structure, billing process, or fees owed to GearTrader.net.
• Post false content (including personal information).
• Post spam, chain letters, or pyramid schemes.
• Distribute viruses that may damage GearTrader.net’s infrastructure.
• Harvest or otherwise collect information about users, including email addresses, without consent.
• Share or give your user ID or password registration information to anyone.
• Use copyright protected images without written permission.
• Use any automated means to access our site for any purpose.
• Take any action that imposes a large load on our network infrastructure.
• Post any information regarding legal or illegal drugs, medications, or drug paraphernalia.
• Post any information regarding alcohol or tobacco related items.
• Post any information regarding firearms of any kind.
• Post any information regarding illegal items as determined by law.
• Post any information regarding any item that can knowingly cause harm to another person.
• Post any information regarding any tem deemed inappropriate by GearTrader.net.
Any user not adhering to these rules will be removed from the GearTrader.net site.
GearTrader.net reserves the right to terminate user membership at any time at it’s own discretion.
GearTrader.net will notify authorities and will reserve the right to file prosecution to the full extent against any user who posts any item that is considered illegal by law.
Fees, Collections, and Services
Joining GearTrader.net and bidding on items is free of charge, although we do charge fees for listing items. When you list an item that has a fee, you have a chance to
review and accept the fees that will be charged based on our Listing Fees Schedule. GearTrader.net reserves the right to adjust the fee schedule at any time at our discretion.
GearTrader.net will post notice of Fees Schedule changes and other policy related changes at least two weeks before changes take affect.
GearTrader.net also charges “Closing Fees,” which are fees associated with an auction which has ended due to a winning bid.
Once a winning bid has been received and the auction has
ended, the Seller must pay a closing fee to GearTrader.net.
Costs are based on our Closing Fees Schedule.
GearTrader.net reserves the right to change our fee structure. All fees are paid to GearTrader.net must be in U.S. dollars. Buyer and Seller are responsible for paying all fees
and taxes (including sales taxes) associated with GearTrader.net in a timely manner. If your payment method fails or your account is past due, we will collect all fees owed by
automatically deducting the amount from your account balance and/or payment method on file, and, in addition, reserve the right to cancel membership.
If a Seller fails to pay closing fees for its posted auction, it will immediately be
removed from the site and/or be given negative feedback by GearTrader.net.
GearTrader.net terms and conditions are subjected to change without notice.
Sales Tax Policy
By using GearTrader.net you agree to comply with all applicable local, state, federal, and international laws, statutes, ordinances, regulations and taxes.
GearTrader.net is not responsible or liable for collecting and/or remitting sales and use tax.
Refund/Return Policy
If you are not completely satisfied with GearTrader.net and the service it provides, please submit in writing a request for refund within
5 (five) calendar days of your transaction. If a refund is due, requested fees will be refunded in the manner in which they were received.
Click here to submit your request. Please include all relevant information.
Terms of Use Agreement
GearTrader.net is an Internet website, trademarked, owned and operated by Doben Corporation, a California corporation.
The following are the terms and conditions of the use of our website and the purchase of products or services through our website.
Effective Date. This Agreement and Privacy Policy is effective as of July 1, 2010
1. Consent to Terms of Use. By becoming a member of GearTrader.net, you are acknowledging, accepting and agreeing that you have reviewed and understand the Terms of Use Agreement
(the “Agreement”) and agree and consent to the terms and conditions within this Agreement. If you do not agree to the terms and conditions of this Agreement, you should
not use this website nor purchase products or services from or through this website.
2. Agreement. GearTrader.net reserves the right to modify the Agreement and the Privacy Policy at any time by posting the modified Agreement on our website.
Any such modifications shall be effective immediately. Users can view these terms at any time on our website.
3. Privacy. Your visit to our website and the information you provide to us in connection with the use of our website and/or the purchase of products or services
through our website is also governed by our Privacy Policy.
A. Agreement and Consent to Privacy Policy. GearTrader.net Privacy Policy is designed to advise you about how we collect, use and protect your personal information
and other data collected on our website. By becoming a member of GearTrader.net, you are acknowledging, accepting and agreeing that you have reviewed and understand
this Privacy Policy and agree and consent to its terms.
B. What information is collected by GearTrader.net.
(a). Information You Provide to Us. We collect any information you enter on our website, or that you give us in any other way.
You can choose not to provide certain
information, but in so doing you may not be able to take full advantage of our services and features.
(b). Automatic Information. When you visit a website, you disclose certain information, such as your Internet Protocol (IP) address and the time of your visit.
Our site, like many other sites, records such basic and other similar information about your visits to our site.
(c). Cookies. Cookies are pieces of information that are transferred to your computer from a web server and are used to assist in the operation of a given website, as
well as to gather information about how a website is used by its users. Our site uses cookies so allow us to understand how our users are using the site so that we can
more effectively develop information and programs to make the site better and serve you more efficiently.
C. How and When Information is used. The privacy and protection of your information is important to us. The information we collect is used for administering
our business activities and our website. We do not make any personal information available to third parties except to such parties who help us administer our business
and our website or in the event we are required by law to disclose such information. From time to time we will use the information to notify you about changes to
our website, new services or special offers. We may transfer your information in the event of a sale of our business to a third party or other similar business transaction.
D. Intended Audience. This website is designed and intended to provide information and sell products and/or services to persons of the age 18 or older.
If you are under 18, you may not use this website without the assistance and supervision of a parent or a legal guardian.
4. Ownership; Proprietary Rights, Copyrights. All content (including but not limited to, text, graphics, logos, icons, audio clips or digital downloads), software and other related
items included on or in our website is and shall continue to be the sole and exclusive property of Doben Corporation or its content suppliers and is protected under applicable copyright,
patent, trademark and other proprietary rights and laws. Any copying, redistribution, use or publication by you of any such content or any part of the website is prohibited.
Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of our website. Similarly, all transactions through our website
shall continue to be subject to the copyrights, patents and trademarks and other proprietary rights held and owned by Doben Corporation and such transactions shall continue to be
subject to all applicable proprietary laws related thereto.
5. Intended Audience. This website is designed and intended to provide information to persons of the age 18 or older. If you are under 18, you may not use this website for
transactions through this website without the assistance and supervision of a parent or a legal guardian. GearTrader.net web site is intended to offer an auction service for buyers
and sellers (directly between themselves) to buy and sell music related items only.
6. Trademarks. GearTrader.net, Doben Corporation and other marks are either pending trademarks or registered trademarks of Doben Corporation and may not be used without
the express written consent of Doben Corporation. Other product and company names mentioned on this website may be trademarks of other respective owners and may not be
used without the express written consent of such other owners.
7. Website Use. GearTrader.net grants users a limited, revocable, nonexclusive license to use this website solely for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the website, reverse engineer or breach our website, or use our
materials, products or services in violation of any local, state, federal, or international law. The use of our website is at the discretion of GearTrader.net and GearTrader.net may
terminate your use of this website at any time. Sellers are required to list only category appropriate items and to not deviate from the website category theme.
8. Compliance with Laws. You agree to comply with all applicable laws regarding your use of our website.
You further agree that information provided by you is truthful, accurate to the best of your knowledge.
9. Indemnification. You agree, defend and hold GearTrader.net and Doben Corporation and our directors, shareholders, officers, employees, agents, attorneys,
representatives and affiliates, harmless from any and all liability, loss, claim and/or expense of any kind, including but not limited to reasonable attorneys’ fees, resulting from
any claims that you or any third parties assert, or may assert, based on or relating to your violation of this agreement, your use of our website, the use of your personal
information provided to our website or transactions through our website.
10. Disclaimer. THIS INFORMATION AND THE PRODUCTS AND SERVICES SOLD ON AND THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS
AND NEITHER GEARTRADER.NET NOR DOBEN CORPORATION MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE SUCCESS OR THE ACHIEVEMENT OF
ANY PARTICULAR RESULTS FROM YOUR USE OF OUR PRODUCTS OR SERVICES. YOU AGREE THAT USE OF THIS WEBSITE AND THE PURCHASE OF ANY PRODUCTS OR SERVICES
FROM OR THROUGH THIS WEBSITE ARE AT YOUR SOLE RISK. GEARTRADER.NET WITH RESPECT TO THE INFORMATION ON THIS WEBSITE AND THE PRODUCTS AND SERVICES
SOLD ON OR THROUGH THIS WEBSITE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES,
AND ANY IMPLIED WARRANTES OF: MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR EXCLUSIVE REMEDIES RELATING TO YOUR USE
OF THIS WEBSITE SHALL BE TO DISCONTINUE USING THIS WEBSITE.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL GEARTRADER.NET AND/.OR DOBEN CORPORATION BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR USE OF OUR WEBSITE, THE CONTENT ON OUR WEBSITE OR THE PRODUCTS OR SERVICES SOLD THROUGH
THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDIES FOR DISSATISFACTION WITH THIS WEBSITE, THE CONTENT ON OUR WEBSITE
OR THE PURCHASE OF THE PRODUCTS OR SERVICES SOLD THROUGH OUR WEBSITE IS TO CEASE ALL OF YOUR USE OF THIS WEBSITE.
12. Item Listing Liability and Policy. GearTrader.net will not be held responsible for users’ actions or inactions involving statements, descriptions, bidding, monetary value or delivery of items
posted on our site. Buyer and Seller disputes will be resolved as described in the User Agreement. GearTrader.net does not guarantee the quality, safety, legality, truth, accuracy, description or
value of items listed on our site. All items are to be listed in accordance to the Terms of Agreement and it is the seller’s responsibility to accurately describe and value all items listed.
13. Use of Information. GearTrader.net reserves the right, and you authorize us, to use all information regarding your use of our website and/or the purchase of products and/or services
through our website and all information provided by you to us in any manner consistent with our Privacy Policy.
14. Termination. GearTrader.net may terminate this Agreement at any time, with or without notice, for any reason whatsoever. GearTrader.net may also terminate the provision of its
products or services to any person or user at any time in its sole discretion for any reason, or no reason whatsoever. In the event of the termination of GearTrader.net’s services by
GearTrader.net prior to their completion GearTrader.net will refund the listing fee only.
15. Governing Law and Venue. This Agreement and the use of our website and the products and services sold through our website shall be governed by, interpreted under,
and construed and enforced in accordance with the internal laws, and not the laws pertaining to conflicts or choice of laws, of the State of California applicable to agreements and
transactions made and to be performed wholly within the State of California. The venue for any legal disputes or matters arising out of this Agreement and/or the use of our website
and/or regarding the products and/or services sold through our website shall be in Orange County, California, USA.
16. Assignment. The rights and obligations of GearTrader.net and Doben Corporation under this Agreement shall inure to the benefit of GearTrader.net and Doben Corporation, its
successors and assigns, and shall be binding upon the successors and assigns of Doben Corporation. This Agreement, being personal to you, cannot be assigned by you without the prior
written consent of Doben Corporation. Any purported transfer or assignment of any of the rights or obligations hereunder by you in violation of this section shall be void and of no force or effect.
17. Recovery of Litigation Costs. If any legal proceeding is brought arising out of the meaning, effect, performance, enforcement or any other issue arising out of this agreement,
the use of our website or the purchase of products or services through our website, the successful or prevailing party shall be entitled to recover his, her or its reasonable attorneys' fees
and other costs incurred in such proceeding(s), in addition to any other relief to which he, she or it may be entitled.
18. Section Headings. The section headings in this agreement are included for convenience only, are not a part of this Agreement and shall not be used in construing it.
19. Severability and Enforceability. In the event that any provision or any part of any provision of this agreement is held to be illegal, invalid or unenforceable, such illegality, invalidity
or unenforceability shall not affect the validity or enforceability of any other provision or part of this agreement. If any restriction or provision contained in this Agreement is deemed by a
judge or arbitrator to be an unenforceable restriction or provision on either party hereto under the law, then such restriction or provision shall not be rendered void but rather shall be
deemed amended to apply to the maximum extent as such judge or arbitrator may determine is legally enforceable.
20. Surviving Provisions. In the event this agreement is terminated, the applicable provisions herein regarding ownership and proprietary rights and any other provisions that by their
sense and context the parties intend to have survive, shall survive the termination of this Agreement and shall continue to be binding on the parties hereto in accordance with their terms and periods of duration.
21. Force Majeure. Neither GearTrader.net nor Doben Corporation will be held liable for any delay or failure in performance of any part of this Agreement, the use of our Website or the purchase
of products or services through our website from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations
and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major
environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation
facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers.
22. Questions. If you have any questions about our Terms of Use Agreement, GearTrader.net Protocol, and Privacy Policy or would like to review and/or change your personal information that
you have provided to us, please contact us by sending us an e-mail via our Contact link on the home page of our website, or in writing mailed to:
Doben Corporation,
DBA GearTrader.net
20505 Yorba Linda Blvd. Suite 127,
Yorba Linda, CA 92886
23. Entire Agreement; Amendment. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof superseding any and all prior agreements,
understandings, discussions, negotiations and commitments of any kind. This GearTrader.net Terms of Use Agreement, GearTrader.net Protocol, and GearTrader.net Privacy Policy may not be
amended or supplemented, nor may any rights hereunder be waived, except in a writing signed and by each of the parties affected thereby.